, CRW2601 ASSIGNMENT 1 SEMESTER 2 2026 ANSWERS - DUE DATE: 27 AUGUST 2026
3 ANSWERS PROVIDED
(a) Act giving rise to liability
For criminal liability, the first requirement is that X must have committed a voluntary act.
Conduct is voluntary where a person is capable of subjecting their bodily movements to their
will or intellect (CRW2601 Study Guide, 2021–2024: 30–31). An involuntary bodily
movement, such as movements made while suffering an epileptic fit, does not constitute a
voluntary act in the criminal-law sense. The study guide specifically explains that conduct
occurring during an epileptic fit may be involuntary (CRW2601 Study Guide, 2021–2024:
31–32).
In this case, X’s collision occurred while she was experiencing an epileptic fit and was
therefore not itself a voluntary act. However, X voluntarily decided to drive despite having
knowingly suffered epileptic fits for five years. The fact that she had been free from a fit for
six months does not necessarily mean that her epilepsy was cured. Her decision to drive is
therefore relevant because it was a voluntary act which preceded the involuntary fit and
resulting collision. Consequently, X may have committed an act capable of giving rise to
criminal liability, subject to the remaining requirements of criminal liability (CRW2601
Study Guide, 2021–2024: 30–32).
(b) Factual and legal causation
Factual causation is determined by applying the conditio sine qua non or “but-for” test. The
enquiry is whether X’s conduct was a necessary condition of Y’s death (CRW2601 Study
Guide, 2021–2024: 48–49). If X had not caused the collision, Y would not have suffered the
injuries that resulted in her hospitalisation. Therefore, X’s conduct can initially be regarded
as a factual cause of Y’s death because the accident set the chain of events in motion.
3 ANSWERS PROVIDED
(a) Act giving rise to liability
For criminal liability, the first requirement is that X must have committed a voluntary act.
Conduct is voluntary where a person is capable of subjecting their bodily movements to their
will or intellect (CRW2601 Study Guide, 2021–2024: 30–31). An involuntary bodily
movement, such as movements made while suffering an epileptic fit, does not constitute a
voluntary act in the criminal-law sense. The study guide specifically explains that conduct
occurring during an epileptic fit may be involuntary (CRW2601 Study Guide, 2021–2024:
31–32).
In this case, X’s collision occurred while she was experiencing an epileptic fit and was
therefore not itself a voluntary act. However, X voluntarily decided to drive despite having
knowingly suffered epileptic fits for five years. The fact that she had been free from a fit for
six months does not necessarily mean that her epilepsy was cured. Her decision to drive is
therefore relevant because it was a voluntary act which preceded the involuntary fit and
resulting collision. Consequently, X may have committed an act capable of giving rise to
criminal liability, subject to the remaining requirements of criminal liability (CRW2601
Study Guide, 2021–2024: 30–32).
(b) Factual and legal causation
Factual causation is determined by applying the conditio sine qua non or “but-for” test. The
enquiry is whether X’s conduct was a necessary condition of Y’s death (CRW2601 Study
Guide, 2021–2024: 48–49). If X had not caused the collision, Y would not have suffered the
injuries that resulted in her hospitalisation. Therefore, X’s conduct can initially be regarded
as a factual cause of Y’s death because the accident set the chain of events in motion.
